Kirkpatrick v. Zintl
Citations
- 71 Pa. Super. 388
- 1919 Pa. Super. LEXIS 119
Syllabus
<p>Mechanics’ liens — Building contract — Misdescription — Stipulation against liens — Waiver. ,</p> <p>Where a subcontractor has filed a lien against a property, alleging as his sole authority therefor, an agreement between the contractor and the owner, which contained a valid stipulation against liens and was duly recorded, he cannot escape the effect of such stipulation from the mere fact that the contract contained a misdescription of the property. In such cases he must either be considered to be bound by the terms of the contract, or to have failed to establish any relation between the owner and the contractor which would entitle the plaintiff to his lien.</p>
Judges: Head, Henderson, Orlady, Porter, Trexler, Williams
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